I have heard of others using this tactic to attempt to collect on delinquent accounts.  I would never do it.  I would imagine that if an intervening lien crept in, the examiner could be found negligent for not filing in a timely manner.  That could be a very costly move.

I will refuse to do searches if I am owed money for previous work that is past due, however I never hold a filing.  At the very least, they should be returned immediately to the client so they can have someone else handle it.

Best,
Robert A. Franco
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